MARY LOU GETURBOS TORRES -versus- CORAZON ALMA G.

DE LEON
G.R. No. 199440

FACTS:
The Philippine National Red Cross (PNRC) Internal Auditing Office conducted an audit of the funds and
accounts of the PNRC, General Santos City Chapter for the period November 6, 2002 to March 14, 2006, and
based on the audit report, petitioner incurred a "technical shortage" in the amount of P4,306,574. Hence,
petitioner Mary Lou De Leon, chapter administrator of PNRC General Santos, was formally charged with Grave

Misconduct for violating PNRC Financial Policies on Oversubscription, Remittances and Disbursement of
Funds. Petitioner filed a Notice of Appeal addressed to the Board of Governors of the PNRC and furnished a
copy thereof to the CSC. Petitioner addressed her appeal memorandum to the CSC and sent copies thereof to
the PNRC and the CSC.

The CSC dismissed the appeal and imposed upon petitioner the penalty of dismissal from service. Petitioner
filed a motion for reconsideration with the CSC, but the same was denied. According to petitioner, the SC has
decided that PNRC is not a government-owned and controlled corporation (GOCC), hence, the CSC has no
jurisdiction or authority to review the appeal that she herself filed.

ISSUE:
Whether the CSC has appellate jurisdiction over the case. (YES)

RULING:
As ruled by this Court in Liban v. Gordon, the PNRC, although not a GOCC, is sui generis in character,
thus, requiring this Court to approach controversies involving the PNRC on a case-to-case basis. As
discussed:
A closer look at the nature of the PNRC would show that there is none like it not just in terms
of structure, but also in terms of history, public service and official status accorded to it by
the State and the international community. There is merit in PNRC's contention that its
structure is sui generis.
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National Societies such as the PNRC act as auxiliaries to the public authorities of their
own countries in the humanitarian field and provide a range of services including
disaster relief and health and social programmes.
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A National Society partakes of a sui generis character. It is a protected component
of the Red Cross movement under Articles 24 and 26 of the First Geneva Convention,
especially in times of armed conflict. These provisions require that the staff of a
National Society shall be respected and protected in all circumstances. Such
protection is not ordinarily afforded by an international treaty to ordinary private
entities or even non-governmental organizations (NGOs). This sui generis character
is also emphasized by the Fourth Geneva Convention which holds that an Occupying
Power cannot require any change in the personnel or structure of a National Society.
National societies are therefore organizations that are directly regulated by
international humanitarian law, in contrast to other ordinary private entities,
including NGOs.
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Based on the above, the sui generis status of the PNRC is now sufficiently established.
Although it is neither a subdivision, agency, or instrumentality of the government, nor a
government-owned or -controlled corporation or a subsidiary thereof, as succinctly
explained in the Decision of July 15, 2009, so much so that respondent, under the Decision,
was correctly allowed to hold his position as Chairman thereof concurrently while he served
as a Senator, such a conclusion does not ipso facto imply that the PNRC is a "private
corporation" within the contemplation of the provision of the Constitution, that must be
organized under the Corporation Code. As correctly mentioned by Justice Roberto A. Abad,
the sui generis character of PNRC requires us to approach controversies involving the
PNRC on a case-to-case basis.